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Home My WebLink AboutResolution 2007-066 agreement for transit services from arizona pavilions to ronstadt center MARANA RESOLUTION NO. 2007-66 RELATING TO TRANSPORT A TION, APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE TOWN, SUN TRAN, AND CONTINENTAL RANCH DEVELOPMENT FOR THE PURPOSE OF ESTABLISHING A PARK & RIDE LOT TO ENABLE EXPRESS BUS SERVICE FROM ARIZONA PAVILIONS CENTER TO THE DOWNTOWN RONST ADT TRANSIT CENTER. WHEREAS, the Arizona Department of Transportation has funded the early establishment of express bus service between the Cortaro interchange and downtown Tucson for congestion mitigation during the Interstate 10 widening project through Tucson; and, WHEREAS, the Marana Town Council supports the provision of transit services to the community; and, WHEREAS, Sun Tran is the operator of the region's fixed route transit service; and WHEREAS, Sun Tran will commence operation of an express bus service to the Cortaro interchange on May 21, 2007; and WHEREAS, the Developer of the Arizona Pavilions ret~il center has offered to enter into an agreement to allow the temporary use of a recently completed parking area for a Park & Ride lot. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the "Sun Tran Park and Ride Lot Agreement" between the Town, Sun Tran and Continental Ranch Development attached and incorporated by this reference in this resolution as Exhibit A is hereby approved, and the Mayor is hereby authorized to execute it for and on behalf ofthe Town of Marana. IT IS FURTHER RESOLVED that the Town Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, conditions and objectives of the agreement. PASSED and ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 1 st day of May, 2007 "q.i':\\UU",1. ,,~~'\...'" OF M ~ :;,:;' ~~,\\\'m",~'<;>~' ~ .....'0 ~ ~"'1~ ~ .' ~~ ;..::. .~ cORPORATE ~ '1i' ~ := s;: cx:x> i - ~i\'I" ':: r'EAL - - ~~/"" ~,.~ ;:- ,~I~' ~ ).J ~;:: ~~. ~ s ~. fl' ~/JlllIll\\\~ ~ "#: t~9!Z. ,\~I '~... :t.r'JAA U,\\\~ ATTEST: g.~ Ed Hone , Mayor ~'\ -'1' Sun r,an SUN TRAN PARK AND RIDE LOT AGREEMENT The Sun Tran Park and Ride Lot Agreement (the "Agreement') is entered into this 19th day of April 2007, by and between, Professional Transit Management of Tucson, Inc., an Arizona non-profit corporation ("Sun Tran") of 4220 South Park Avenue, Tucson, AZ 85714, Continental Ranch Development, 6088 W. Arizona Pavilions Dr. #1, Tucson, AZ 85743 (the "Owner") and the Town of Marana, 11555 W. Civic Center Drive, Marana, AZ 85653 (the "Town"). RECIT ALS A. Sun Tran operates the municipal bus system for the City of Tucson, and in connection therewith maintains a "Park and Ride" system that involves picking up passengers at locations where free vehicle parking is available to such passengers. B. Owner owns the property located Arizona Pavilions at Cortaro Road, west of Arizona Pavilions Blvd, located within the Town of Marana (the "Property"). C. Sun Tran wishes to use the Property as a Park and Ride location, and the Owner has agreed to allow Sun Tran to do so temporarily, based in part on certain benefits that the Owner believes will inure to the Owner as a result of such use. The Town and Sun Tran want a permanent site to be identified for the Park and Ride near the Cortaro Road interchange with I- 10, and will work with the Owner to establish said site. If Owner is unable to offer a site then Sun Tran and the Town will work to establish another location. INDEMNIFICATION A. Mutual Indemnity: To the fullest extent permitted by law, Sun Tran and the Town shall indemnify, defend and hold the Owner, its members, managers, officers, departments, employees and agents, harmless from and against any and all suits, actions, legal or administrative proceedings, claims, demands, liens, losses, fines or penalties, damages, liability, interest, attorney's consultant's and accountant's fees or costs and expenses of whatsoever kind and nature, resulting from or arising out of any act or omission of Sun Tran or the Town, its agents, employees or anyone acting under their direction or control, whether intentional, negligent, or amounting to a breach of contract, in connection with or incident to the performance of this Agreement. B. Notice: The Owner shall notify Sun Tran and the Town in writing within thirty (30) days of the receipt of any claim, demand, suit or judgment against the Owner for which the Owner intends to invoke the provisions of this Article. Sun Tran and the Town shall keep the Owner informed on a current basis of its defense of any claims, demands, suits or judgments under this Article. C. Negligence of indemnified party: The obligations under this Article shall not extend to the~ negligence of the indemnified party, its agents or employees. NOW THEREFORE, for valuable consideration, including the covenants contained herein, the parties agree as follows: 1. Site Preparation: The Town assumes all costs of site preparation related to this Park & Ride location, including parking lot striping prior to the launch of the Marana Express service on May 21,2007. The Town also agrees to install a bus shelter and trash receptacle near the bus stop. The Town will install Park & Ride lot signage on the Property and in the right of way to inform the public of the nearby Park and Ride lot. 2. Parking: Owner agrees that members of the public may park their motor vehicles on the Property, and that Sun Tran may pick up bus passengers on or near the Property. Sun Tran's passengers may use approximately 100 spaces in the area located north of the interior road in the southwest comer of the lot abutting Cortaro Road. The location of the Park & Ride lot shall be subject to approval by the Owner and clearly delineated by the parking lot striping. 3. Advertising: Sun Tran, the Town and affiliated partners shall have the right to publicize or advertise the availability of such parking, and Owner understands and acknowledges that Sun Tran will do so. 4. Signs: Sun Tran shall furnish sign(s) to be placed on the Property advising the public that neither Sun Tran, nor the Owner, nor the Town are responsible for any damage to persons or property that occur during a passenger's use of the Property. A sign(s) may also be placed on the Property indicating the location of the parking designated for park and ride passengers. The location of all signs shall be subject to approval by the Owner. 5. Lighting: The Town of Marana will cover the cost of providing lighting to the Property during the morning and afternoon hours when it is determined by the Town that such lighting is necessary to adequately illuminate the Property. 6. Maintenance: Sun Tran agrees to maintain the Park & Ride signs placed on the Property as necessary or in the public right of way. The Town agrees to provide regular maintenance of the Park and Ride area including the bus shelter and will provide regular trash collection throughout the duration of the Agreement. 7. Relocation of Park & Ride Parking: It is acknowledged that the Owner wishes to develop new retail businesses on the Property, and as such may require that the Park & Ride Lot be moved to another location within the Property to facilitate the development of the Property. The Owner shall give Sun Tran and the Town sixty days notice ofthe need to relocate the Park & Ride Lot and all parties shall work to identifY a mutually acceptable alternative location for the Park & Ride Lot. Upon relocation of the Park & Ride Lot, the Town agrees to return the area previously used for Park & Ride to the condition it was prior to this Agreement, including applying a parking lot sealant on the area previously used for Park & Ride. 8. Termination: Any party may terminate this Agreement for any reason or no reason upon sixty days notice to the other parties. This termination right exists even if the parties do not agree on a mutually acceptable alternative location for the Park & Ride Lot. Upon notice of intent to terminate this Agreement, no new Sun Tran Ride Guides or Maps shall be printed showing the Park & Ride lot on the Property. Sun Tran shall, within ten (10) days after the effective date of ~ such termination, delete references to the location of the Park & Ride Lot and remove any signs installed by it on the Property and repair any damage caused by such removal. Within ten (10) days after the effective date of such termination, The Town shall remove the bus shelter and trash receptacle and return the property to the condition it was in prior to this Agreement, to include the application of a parking lot sealant on the area used for Park & Ride. 9. Notices and Signatures: The Parties have executed this Agreement as of the last date set forth below their respective signatures. Any notices hereunder shall be directed to the parties at the following addresses: If to Owner: Continental Ranch Development 6088 W. Arizona Pavilions Dr. #1 Tucson, AZ 85743 Print Name: Authorized Signature: Title: Date: ~:F- If to Town of Marana: 11555 W. Civic Center Drive, Bldg A3 Marana, AZ 85653 Attn: James DeGrood ~~ '{-{-Of Print Name: Ed Honea Authorized Signature: Title: Mayor Date: If to Sun Tran: 4220 S. Park Avenue Tucson, AZ 85714 (520) 206-8859 Attn: Jenny Simio, Product Manager Professional Transit Management of Tucson, Inc., an Arizona Corporation Print Name: Katrina Heineking Authorized Signature: ~~:::Gen~ ~~7 LfJ /h~ 07 ., ~--~ MARANA ~/, " TOWN OF MARANA COMMUNITY INFORMATION SERVICES May 8, 2007 Sun Tran 4220 S. Park Avenue Tucson, AZ 85714 Attention: Jenny Simio, Product Manager Subject: SUN TRAN PARK AND RIDE LOT AGREEMENT Dear Ms. Simio: Attached please find one original Sun Tran Park and Ride Lot Agreement and a copy of the authorizing Town of Marana resolution for your files. Thank you for very much for your help with this, and please do not hesitate to contact me at (520) 382-1999 if I may be of further assistance. Sincerely, ~~ Tim Mattix Records and Elections Coordinator Town of Maran a, Clerk's Office Attachments: Original agreement Marana Resolution No. 2007-66 11555 W. CMC CENTER DRIVE, BLDG. A1 - MARANA, ARIZONA 85653-7007 _ TELEPHONE: (520) 382-1999 _ FAX: 382-1998 ~..~ MARANA ~/j~ TOWN OF MARANA COMMUNITY INFORMATION SERVICES May 8, 2007 Continental Ranch Development 6088 W. Arizona Pavilions Dr. #1 Tucson, AZ 85743 Subject: SUN TRAN PARK AND RIDE LOT AGREEMENT To Whom It May Concern: Attached please find one original Sun Tran Park and Ride Lot Agreement and a copy of the authorizing Town of Marana resolution for your files. Thank you for very much for your help with this, and please do not hesitate to contact me at (520) 382-1999 if! may be of further assistance. Sincerely, , ~~ Tim Mattix Records and Elections Coordinator Town of Marana, Clerk's Office Attachments: Original agreement Marana Resolution No. 2007-66 11555 W. CIVIC CENTER DRIVE, BLDG. A1 - MARANA, ARIZONA 85653-7007 _ TELEPHONE: (520) 382-1999 _ FAX: 382-1998